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Jury foreman gets fed up!

exploded in the Supreme Court yesterday saying he had had enough of hearing the evidence.While Crown counsel Mr. Stephen Harrison was giving his final submissions to the jury Mr. Harold Lee said he just couldn't take it anymore.

exploded in the Supreme Court yesterday saying he had had enough of hearing the evidence.

While Crown counsel Mr. Stephen Harrison was giving his final submissions to the jury Mr. Harold Lee said he just couldn't take it anymore.

"We have heard this a hundred times in the last week,'' Mr. Lee said.

"You just keep repeating yourself over and over again.

"You've been saying it over and over and I cannot take it anymore.'' Puisne Judge the Hon. Mrs. Justice Wade interrupted Mr. Lee saying: "Mr.

Foreman, if you have a concern it must be put in writing.

"Mr. Harrison, Mr. Foreman, let us adjourn for ten minutes. Members of the jury, if you have a concern discuss it amongst yourselves and put it in writing and let me have it.'' Mrs. Wade added: "It may be tedious to go through the events over and over, but you must be patient.'' A few minutes later, the jury returned and the foreman said to proceed because the jurors had no questions.

Yesterday, Mr. Harrison told the court that the evidence the accused, John O'Donald Fox of Bridle Hill, Smith's gave in court last week was entirely different from what he told Police in his statement.

"Someone has come into this court, stood in the stand, taken the oath and has lied to you,'' Mr. Harrison told the jury.

"Fox has a good reason to lie because he is desperate trying not to be held responsible for the acts committed.'' Fox pleaded not guilty in the Supreme Court last week to attempting to murder and rob office manager Michael O'Brian on November 2 1993.

He also denied wounding him with intent to do grievous bodily harm.

O'Brian received knife wounds to his elbow, arm and left side of his stomach which damaged his intestines and caused multiple wounds to his pancreas.

Last week O'Brian told the court that after letting Fox into his apartment to use the phone book he felt a blow to the side of his head which knocked him to the floor.

He added that Fox demanded money and hit him several more times before he was able to escape and get help.

Fox told the court that O'Brian invited him to his Langton Lane apartment after they had talked earlier about Fox's financial problems.

While inside, Fox claims that O'Brian made sexual advances towards him, they started fighting and O'Brian picked up a knife.

Fox added that he lost his head and that's when he stabbed O'Brian.

Mr. Harrison told the court the Consultant Surgeon Dr. Terence Elliott who operated on O'Brian gave evidence that when the knife was stabbed into O'Brian it was then levered up and down.

Mr. Harrison said: "There's only one intention a person could have when they do that and that is to kill.

He added that the most truthful words the defendant has said in the case was in his statement to Police. Fox said: "We stood together looking in the phone book. I picked up the knife by the book and stabbed him. The knife broke when I pushed it up into him.'' Mr. Harrison added: "Fox said he had been touched by the man but yet he stayed in the apartment to argue. This is not a man who is trying to avoid trouble.'' Defence lawyer Mr. Archie Warner told the jury: "The prosecution would like you to think Fox's Police statement was a true confession.

"Just because he said it, they say that is in fact what happened. There is more to this trial that meets the eye.'' He added: "There was a homosexual proposition made on Fox at O'Brian's residence after he was invited there.

"O'Brian is lying when he said he did not invite Fox to his apartment. How else would he have known where he lived. Why would he lie about inviting him? "At no stage in the trial did Fox say he denied stabbing O'Brian. He said he stabbed him but he did not intend on murdering him.'' Mr. Warner said: "Does it make sense that Fox would have taken a taxi to O'Brian's apartment, and tell the driver to wait if he was going to murder and rob him.'' He added that when Fox was making the statement to Police he was embarrassed about O'Brian's homosexual advances.

"This was a man who was under tremendous financial stress and had been propositioned.

"The prosecution must prove that Fox had an intention to kill, but the evidence is just not there.'' The case continues today.